Legal Opinion

Rundle v. . Allison

New York Court of Appeals

Decided January 5, 1866PublishedCited by 34 opinions

This action is brought to compel the defendants, as executors, to pay over certain moneys, which it is alleged were received by their testator, in his lifetime, in trust for the plaintiff, under the will of Solomon Bundle, her late husband.

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This action is brought to compel the defendants, as executors, to pay over certain moneys, which it is alleged were received by their testator, in his lifetime, in trust for the plaintiff, under the will of Solomon Bundle, her late husband. Solomon Bundle, by his will, appointed Eli Gurnee, the defendants’ testator, and George S. Allison, his executors, and the plaintiff, executrix, and gave to his son, Charles A. Bundle, and to the plaintiff, each, one-half of the rents and profits of certain lands therein described, to be taken charge of by his executors for their benefit, and he empowered…

1Opinion of the CourtSmith, J.

There are several'points in this case which merit attention.

1. Upon the facts found by the referee it is apparent that the interest moneys accruing upon the $3,000 mortgage, which were retained by Gurnee, became a part of the principal of the trust fund in his hands, and the plaintiff was entitled to one-half of the interest thereon, subsequently to January 2,1849. The executors held the land referred to in the complaint, in trust, to pay the rents and profits thereof to the plaintiff and Charles Bundle, in equal shares. Thé execution of the power of sale by the executors, and the conversion…

2Cases cited18 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Borst v. . CoreyNew York Court of Appeals · 1857
  3. Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
  4. Dunscomb v. DunscombNew York Court of Chancery · 1815
  5. Floyd v. DayMassachusetts Supreme Judicial Court · 1807

13 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Russell v. ToddSupreme Court of the United States · 1940
  2. Butler v. . JohnsonNew York Court of Appeals · 1888
  3. Keys v. LeopoldNew York Court of Appeals · 1925
  4. Welles v. . YatesNew York Court of Appeals · 1871
  5. Mills v. . MillsNew York Court of Appeals · 1889

29 more not listed; retrieve them via the Exa API.

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